Court Notices published in Govt. Gazette No. 20,094 of 27th November 2018

It is hereby notified that in virtue of a decree given by the Court of Magistrates (Gozo) in its Voluntary Jurisdiction on the 21st of November, 2018 (Decree number 146/2018JVC following application number 102/2018JVC) Paul Bugeja, part-timer, bachelor, son of the late Emanuel Bugeja and Maria Assunta née Aquilina, born in Rabat, Gozo and residing in Rabat, Gozo, holder of identity card number 16365G, has been confirmed incapacitated from all acts of civil life.

Dr Victor J. Bugeja, lawyer, son of the late Emanuel Bugeja and Maria Assunta née Aquilina, born in Rabat, Gozo and resides in Birżebbuġa, Malta, holder of identity card number 44963G, and Joseph Bugeja, public officer, son of the late Emanuel Bugeja and Maria Assunta née Aquilina, born in Rabat, Gozo and resides in Rabat, Gozo, holder of identity card number 37362G, and Josephine Mary sive Josette Grillage, banker, wife of Andrew Michael James Grillage, daughter of the late Emanuel Bugeja and Maria Assunta née Aquilina, born in Rabat, Gozo and resides in Rabat, Gozo, holder of identity card number 13367G, have been nominated as his curators, by virtue of the said decree.

DORIANNE CORDINA

For the Registrar, Gozo Courts and Tribunals

By means of a decree given by the Court of Appeal (Inferior Appeals) in the records of the Application in the names A.F. Ellis (Home Decor) Ltd vs Registrar of Courts (Malta) et, Application number 226/14 AE, the following publication was ordered for the purpose of service of the respondent Raymond Azzopardi, in terms of the second proviso of Article 144 of Cap. 12 and Article 187(3) et sequitur of Cap. 12. 

By means of an Application, presented in the Court of Appeal (Inferior Jurisdiction) in the names A.F. Ellis (Home Decor) Ltd (C 38050) vs Registrar of Court (Malta) and Raymond Azzopardi, Maria Theresa Azzopardi and Henry and Judith spouses Azzopardi for any interest they may have on the 26th December, 2017, the applicant company A.F. Ellis (Home Decor) Ltd (C 38050) in terms of Article 64 of Cap. 12 respectfully pleads:

That in the applicant’s application it was premised that it was the plaintiff in the cause in the names ‘A.F. Ellis (Home Decor) Ltd v Raymond Azzopardi et’ Sworn Application Number 988/2008 JZM, decided by the First Hall Civil Court on the 15th May, 2014, against the same plaintiff company;

That the respondent Registrar released a bill of fees and costs and some of the other respondents are claiming payment according to the same taxed bill;

That the interpellant company is of the opinion that this taxed bill is exaggerated and should be reformed and this for the following reasons:

1. In the first place, as it results in the course of the cause that the amount in dispute was of €6,434.70 (a fol 129), the fee of the Advocate and of the Legal Procurator had to be worked out ad valorem acccording to article 13 and 14 of Tariff E of Schedule of Cap. 12. Not only does it appear that the respondent Registrar did not proceed according to the said Articles, but furthermore he taxed the additional fees according to article 15 of Tariff E when it was not the case that he does so since such article is applicable only in the case that a taxation ad valorem cannot be made. This brought about the result that the Advocate’s fee and Legal Procurator are too high.

2. That in the second place, the fee of the technical referee which was written down in the said tax did not take into consideration the decree of the First Hall Civil Court, of the 7th May, 2012, which reformed the said tax and should not have included the element of V.A.T. since this shall give place to the imposition of a tax on tax.

3. That in any case, such tax of the Technical Referee is exaggerated and there is room for further amendment as shall be shown in the course of these procedures.

4. That without prejudice to the above, the registry fee of the defendants had to be adjusted as was that of the interpellant in order to take into consideration the amount in dispute namely of €6,434.70.

5. That furthermore the reimbursement due to the interpellant for the registry fee is to be added by the amount of €159 as shall be shown in the course of these procedures.

Thu,s the interpellant company for the reasons mentioned and for others that shall be brought forward in the course of these procedures before the Court of First Instance asked for the amendment of the said tax.

That in his reply the Director Civil Courts and Tribunals which he presented on the 4th August, 2014, pleaded the following:

1. That in the first place the applicant company is to exhibit the Official Bill of Taxed fees from which it is complaining, so that this Court and all the parties can identify better the applicant’s complaints.

2. That as for the first complaint in the original application whereby the applicant company is complaining of the taxing of fees of the Advocates in the cause in the names ‘A.F. Ellis (Home Decor) Ltd vs Raymond Azzopardi et’ it is respectfully stated that in that cause there were four claims. Three claims were taxed as a point of law or fact (Art 165(a) of Tariff E) and one claim was calculated ad valorem according to article 13 and 14 of the said Tariff.

3. In the second grievance of the applicant company it is being stated that the tax of Technical referee the decree given by the First Hall Civil Court, of the 7th May, 2012, was not abided by where the taxed bill was reformed. For this reason, a cause for the recalculation of the tax should not have been made, because this was an administrative mistake that was not going to change the registry fees and those of the Advocate and Legal Procurator.

4. Regarding the third reason regarding fee of the Technical Referee, the remedy to contest such tax is not by means of a lawsuit for the revaluation but by means of the remedy contemplated in article 667 of Cap. 121.

5. That as for the fourth and fifth reasons these also are to be rejected as in the sworn application in question in the names ‘A.F. Ellis (Home Decor) Ltd vs Raymond Azzopardi et’ there was a request for the liquidation of damages and thus the value has to be established in the course of the cause or the decision of the cause as in fact was made and the the registry fee paid with the present application is one of a point of law.

… omissis …

6. For all these reasons the request for revaluation of the taxed bills is to be rejected with costs against the applicants.

That in there reply Henry and Judith spouses Azzopardi pleaded the following:

1. In the first place this Honourable Court is incompetent ‘ratione materiae’ to hear and decided this Application for recalculation because their official tax of the cause in the names A.F. Ellis (Home Decor) Limited vs Raymond Azzopardi et, Sworn Application Number 988/2008 JZ M, decided by the First Hall Civil Court, on the 5th May, 2014, can be attacked before the same Superior Court within the time established by law;

2. That without prejudice to the premised and on the merit the demands of the applicant company in the said cause were correctly taxed according to law;

3. Saving a further reply.

That the respondent defendants remain in default.

That by means of its judgement of the 6th December, 2017, the Honourable Court of First Instance rejected the applicant’s demands and this after it considered that in the cause the Registrar Civil Court and Tribunals gave evidence and explained how effectively the tax was worked out. He explained that the cause was originally presented before the Civil Court First Hall, where at that time the competence was one that deals with causes where the value exceeded the sum of eleven thousand six hundred and forty-six euro and eighty-seven cents. Thus, the Registrar proceeded according to the interpellant’s choice … omissis … According to the Registrar when they worked out the taxed bills they proceeded on the minimum and thus they did not proceed on the amount which was in fact liquidated and this because the applicants pretended to receive at least the minimum that could be liquidated by the First Hall Civil Court. He stated this because if the applicant’s claim was less he would have presented the original application before the Court of Magistrates and not before the First Hall Civil Court. Regarding the second claim of the applicant and namely the fee of the technical referee which was not included in the tax exhibited it did not take into consideration the decree of the First Hall Civil Court of the 7th of May, 2012, where the tax was reformed where there should not have been included the element of V.A.T. and which is also exaggerated.

That the interpellant felt aggrieved from this judgement and wishes to file a humble appeal therefrom.

That the grievance is manifest and consists in the following:

That in the first place the respondent Registrar of Court gave no explanation why he worked out the taxed bill de quo in the most inconsistent manner in the sense that it is totally unexplainable why the registry fee was worked on the amount that resulted in the course of the cause a fol 129 of €6,434.70 whilst that of the Advocate was worked out on the minium of the competence of First Hall Civil Court.

… omissis …

That the third claim in the original application was purposely so that the Court computes the amount which had to be deducted from the price of sale and once such amount was not determined the Court of a Superior Competence had to be called. That once that the amount in dispute is determined and namely the amount established a fol 129 the Registrar had to tax all the fees and not only that of the registry on the resultant amount.

… omissis …

That in the second place the Registrar was not justified that he taxed the four claims separately when all the claims were linked and consequential to each other.

… omissis …

That in the third place the Registrar was mistaken when he failed to adjust the registry fee of the defendants pari passu with the way he adjusted the registry fee of the plaintiff.

… omissis …

Thus, in view of the premised and whilst making reference to the proof and submissions already produced and reserving the right to present all the new proof admissible at law, the interpellant respectfully prays this Honourable Court to revoke the judgement mentioned of the Honourable First Court in the names premised and order the respondent defendant Registrar of Court to review the tax de quo in the light of the premised. With costs of both instances.

Notify: Raymond Azzopardi, 215, Flat 1, Triq Salvu Psaila, Birkirkara

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By a decree of the Small Claims Tribunal of 16th February, 2018, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

J. Zammit Ltd (C 37945) of Aries House, Triq l-Imdina, Ħaż-Żebbuġ, filed a Claim on the 1st November, 2016, whereby they asked the Tribunal to condemn Capa Tufan (ID 77174A) of Blk 63, Flat 12, Telgħet Birkirkara, St Julian’s, to pay the plaintiff company the sum of €4488 which amount is due to the plaintiff company.

With costs and legal interest

The case (Claim Number 499/16AM) is deferred on the 11th December, 2018, at 12.30 p.m.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 5th October, 2018, of the Partition of Inheritances Tribunal in the records of the Application in the names Roger Firth Bernard vs Suzanne Jennifer Firth Bernard Kavanagh, Application Number 1/2018DC, the following publication was ordered for the purpose of effecting service on the respondent in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

By means of an application number 1/2018DC in the names Roger Firth Bernard (English passport number 532402733) vs Suzanne Jennifer Firth Bernard Kavanagh (ID 2013161P) filed before the Partition of Inheritance Tribunal on the 15th February, 2018, the applicant Roger Firth Bernard requested with respect:

That on the 12th May, 2008, the father of the applicant, John Firth Bernard, died at his home at 47, Neptune Court, Fl 10, Triq il-Kbira, St Julian’s, as evidenced from the death certificate here attached and marked as Doc. RFB1;

That the deceased died intestate, as is evidenced from the searches that have been carried out at the Public Registry, and also those held at the Civil Court (Voluntary Jurisdiction Section) and also at the Magistrates Court (Gozo) (Jurisdiction Section) as evidenced from the attached documents Doc. RFB2 and Doc. RFB3 respectively;

That although the applicant, out of good will, tried several times to communicate with his sister, the respondent, to proceed for the division of their father’s inheritance, according to law, and even sent a number of legal letters to this effect, the respondent refused to accept the division because she wanted more than that which is due to her;

Since the deceased died intestate, his succession should be bequeathed onto the heirs according to article 788 et sequitur of Cap. 16 of the Laws of Malta, and that is between the children of the deceased, the parties in this case. For all intents and purposes, a copy of the birth certificate of the applicant is being here attached and marked as Doc. RFB4;

That because the parties are not agreeing on the way the inheritance has to be divided between them, and because more than three years have passed from the opening of succession, in terms of article 3 of Cap. 308 of the Laws of Malta, and in addition, since the applicant has a right to 50% of the communal property as set out in the same article, this Tribunal is required to regulate the division of this inheritance.

Thus, in view of the above, the applicant is requesting this Honourable Tribunal to order the division of the inheritance in terms of Article 788 et sequitur of Cap. 16 of the laws of Malta as it deems fit.

Applicant: No 1, Kiln Way Aldershot, Hampshire, GU11, 3UG, United Kingdom

Respondent: 47, Neptune Court, Flat 10, Triq il-Kbira, St Julian’s

The application in the names Roger Firth Bernard vs Suzanne Jennifer Firth Bernard, Application Number 1/2018DC, has been postponed for hearing to the 30th November, 2018, at 12.00 p.m. 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the 12th November, 2018, given by the First Hall Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to article 187(3) of the Code of Organization and Civil Procedure (Cap. 12).

That by an application filed by Commissioner of Revenue on the 27th July, 2018, is asking for the withdrawal of €19,795.97 by Commissioner of Revenue deposited by the schedule of deposit 1344/2018 in the names of:

Commissioner of Revenue vs Veronica Gauci (ID 312162M) personally and as a director on behalf of Uranus Company Limited (C 6772).

The Court ordered the notification of the application with a six (6) working days period to reply. 

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 14th August, 2018, given by the Civil Court First Hall in the records of judicial letter number 1510/18, in the names Registrar of Civil Courts and Tribunals vs Maureen Scicluna, the following publication was ordered for the purpose of effecting service on the respondent Maureen Scicluna in terms of Article 187(3) Cap. 12.

In the First Hall of the Civil Court

To Maureen Scicluna of Pilkington Flats, Flat 3, Triq San Girgor, Tas-Sliema

By the present, the Registrar of Civil Courts and Tribunals of Law Courts, Triq ir-Repubblika, Valletta, solicits you so that within four days from the notification of this judicial letter you pay the sum of €325.00 due by you as Registry fees in connection with the law suit in the names:

Scicluna Maureen vs Malta Transport Authority et (SC, TM, JA1) deserted on the 5th October, 2016. 

In default the applicant reserves to proceed further against you according to law.

So much for your own guidance.

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By a decree of the 22nd November, 2018, given by the First Hall Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to article 338 (1) of the Code of Organization and Civil Procedure (Cap. 12).

That by application and a Schedule of set-off filed contemporaneously by J. Zammit Limited (C 37945) on the 15th November, 2018, the approval of the said judicial acts is being demanded for the amount of €100 following judicial sale by auction 15/18 in the names J. Zammit Limited (C 37945) vs Raymond Gauci et held under the Authority of the said Court on the 14th November, 2018.

According to Article 338 (1) of Cap. 12: Any person who may have an interest and the persons so served shall be allowed the time of twenty days to file an answer stating in detail the reasons for their opposition and the amounts in contestation; and where such opposition is based on a claim against the proceeds of sale an alleged cause of preference, they are to state the amount of such claim and the basis for the preference. Such persons shall with the answer file all relevant evidence to substantiate their opposition.

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 13th March, 2018, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 1709/2017 in the names Automated Revenue Management Services Ltd pro et noe vs Joseph Cassar Aveta, the following publication was ordered for the purpose of effecting service on the respondent Joseph Cassar Aveta in terms of Article 187(3) of Cap. 12.

In the Court of Magistrates (Malta) 

To Joseph Cassar Aveta (KI 694458M) of Swieqi Res Comp Blk C, Flat 1, Triq il-Qatta, Swieqi

By the present, Automated Revenue Management Services Limited (C 46054) of Gattard House, Triq Nazzjonali, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta plc and Water Services Corporation, notifies you with the attached sworn declaration marked as Document A for all the purposes and effects of Article 466 of Cap. 12 of the Laws of Malta and solicits you to pay the amount of €2,114.69, which amount is sure, liquid and due and representing the balance due for the consumption of water and electricity, rent of water and electricity meter, administrative fees, connection and disconnection fees, and/or any other payment according to the electricity supply regulations or water supply regulations together with interest due on the amount according to law, which amount consists of the following:

i. As for the bill number 101000012645 the amount of €248.55 for the premises Palazzo Rovere, Triq Marina, Tal-Pietà; and

ii. As for the bill number 101000035517 the amount of €560.28 for the premises 35, San Ġorġ, Żona Industrijali, Triq Mastru Ġorġ Cachia, Ħal Qormi; and

iii. As for the bill number 101000065195 the amount of €1,300.49 for the premises The Avetas, Triq Ħabb il-Qamħ, St Andrews; and

iv. As for the bill number 101000071086 the amount of €5.37 for the premises CousinJules Stabel, Triq l-Imdina, Ħal Qormi.

Despite several solicitations by the applicant company for the payment of the amount due, you remained in default and did not pay till the day of the filing of this judicial letter. In addition, there is no valid reason for your failure to pay and you never contested the amount due.

This act is being sent to you for all the purposes and effects of law and in default of payment or opposition on your part within the time mentioned in Article 466 Cap. 12 of the Laws of Malta, the applicant company shall proceed to enforce this credit according to law.

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court (Family Section) on the 15th November, 2018, in the records of the Sworn Application in the names Bartolo Maria Luann vs Zbeda Isaam Abdulmawla, Application Number 223/18 JPG, the following publication was ordered for the purpose of service of the defendant Issam Abdulmawla Zbeda, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, presented in the Civil Court (Family Section) in the names Maria Luann Bartolo (ID 596491M) vs Issam Abdulmawla Zbeda, on the 29th August, 2018, the applicant Maria Luann Bartolo (ID 596491M) asked this Honourable Court for the reasons premised:

To entrust the care and custody of the minor … omissis … to the applicant in such a manner that all the decisions relating to the minor be taken exclusively by herself without the necessity of the signature of the respondent, liquidate and fix the maintenance for the minor as demanded in the application and uphold the other demands in the application.

With costs, against the respondent, summoned so that as reference to his evidence be made

The Sworn Application in the names Bartolo Maria Luann vs Zbeda Isaam Abdulmawla, Application number 223/18 JPG, has been deferred for hearing to Monday, 3rd December, 2018, at 9.15 a.m.

Applicant: 102, St Rita House, Triq Sciortino, Ħaż-Żebbuġ

Respondent: 3, Redentur, Triq Correa, Ħal Qormi

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

It is hereby notified that by means of an application filed in the Civil Court (Voluntary Jurisdiction Section) on the 12th of November, 2018, by Vanessa Miceli et, number 1777/2018, wherein they prayed to be declared open in favour of Vanessa Miceli in its entirety the succession of Carmel sive Charles Miceli (ID 0423449M), husband of Pauline Miceli, son of the late Domenic and Theresa née Abela, born at Ħaż-Żabbar, resided at Naxxar and died at Tal-Qroqq, Msida, on the 9th of March, 2018, aged 68 years.

Wherefore any person who considers that he has an interest is called so that by means of a note he enters his opposition according to Article 537(1) et sequitur of Chap.12 of the Laws of Malta.

MARCEL BUGEJA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 12th November, 2018, in the records of the judicial letter number 3282/18 in the names Vincent Debono et vs John Anthony Tonna et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondents John Anthony Tonna, Denise Spiteri and Victor Tonna in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To

1. John Anthony Tonna of 51, previously 22, Triq Inguanez, Rabat, Malta;

2. Denise Spiteri of 51, previously 22, Triq Inguanez, Rabat, Malta;

3. Victor Tonna of 51, previously 22, Triq Inguanez, Rabat, Malta.

By this present Vincent Debono (ID 46849M) and his wife Mary Doris Debono (ID 760848M) of 67, Triq Inguanez, Rabat, Malta in their capacity as owners of the garage number 49, Triq Inguanez, Rabat, which underlie your properties accessible from the entrance 51, previously 22, in the same road, whilst making reference to several complaints that they made regarding water ingress in their garage from your properties, solicit you so that within two days you carry out all the necessary works in your properties, according to art and trade and which works are duly certified by an architect, so that you make sure that water will not penetrate in their garage from your properties.

You are also solicited so that at the same time, you come forward for the liquidation and payment of all the damages suffered by the interpellants in their garage, consisting among others in costs that they have incurred to repair the structural damages that were caused because of you;

In default, the interpellants will have no alternative but to proceed against you in Court with the opportune warrants, and all at your own costs.

With costs and interest

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 26th October, 2018, Application number 1639/2018 by Joseph Muscat and Jane Pullicino whereby they prayed that it be declared open in their favour in equal shares between them the succession of their mother Lidia Muscat, widow, daughter of the late Pietro Perotti and Adelina Perotti née Amato, born in Marsa, resided in Tas-Sliema and died in Tas-Sliema, Malta on the 22nd April, 2018, aged 97, holding identity card number 0719520M.

Wherefore any person who considers to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

It is hereby notified in virtue of the powers conferred by Section 257 of the Civil Code, the Court of Revision of Notarial Acts, by a Decree dated the 16th of November, 2018, and this after a written plea Numbered 202/2018, ordered:

The correction of the Act of Birth of Khadija Mahmood Siddiq, bearing number 3397 of the year 2016, under the columns entitled ‘Particulars respecting the child – Name or Names by which the child is to be called’, the surname ‘Siddiq’ is to be cancelled. This change is to clearly indicate that the applicant’s name is ‘Khadija’, and surname is only ‘Mahmood’.

The Court also orders that this change is to be reflected in all acts of civil status concerning the applicant, in the Passport of Malta, and in every future document pertaining to the applicant’s civil status.

JANET CALLEJA

Deputy Registrar, Court of Revision of Notarial Acts

By means of a decree on the 11th October, 2018, in the records of the judicial letter number 2160/18, in the names Simonds Farsons Cisk plc vs Oliver Compagno, the First Hall of the Civil Courts ordered the following publication for the purpose of service of the respondent in terms of Article 187(3) of Cap. 12.

By means of a judicial letter, in terms of Article 253 and subsequent articles of Cap. 12 of the Laws of Malta, filed in the First Hall of the Civil Courts against Oliver Compagno (ID 403473M) of Blue Rose, Flat 2, Triq Marjanu Gerada, Ħal Tarxien, on the 21st June, 2018, Simonds Farsons Cisk plc (C 113) of The Brewery, Mrieħel, calls upon you so that within two days you pay the interpellant the sum of €27,685.06 representing the balance due from a larger sum of €10,000 representing 5 bills of exchange that had matured on the 6th October, 2015, respectively.

With this judicial letter authentic copies of these bills of exchange above mentioned are being annexed so that the debt due by you amounting to €27,685.06 is being rendered executable title in terms of Article 253(3) of the Code of Organisation and Civil Procedure. In default of payment the interpellant company will proceed against you furtherly in Court, without any further notice, including the opportune warrants.

This judicial letter is being made for all purposes and effects of law and especially to render the said bill of exchange executable according to law in terms of Article 256(2) of Cap. 12 of the Laws of Malta.

You are being informed also, and this as required in the proviso of paragraph (e) of Article 253 of Cap. 12 of the Laws of Malta, that you can, be means of an application that has to be done within twenty days from the service of this judicial letter, plead this competent Court to suspend the execution of this bill of exchange or bills of exchange above mentioned, all or part of them and this in case you oppose the execution of the bill of exchange or bills of exchange because the signature on the bill of exchange or bills of exchange is not yours or of your mandatory, or if you have other grave and valid reasons to oppose the execution.

With costs of this present judicial letter, and with 8% interest per year on each bill of exchange that has matured for payment from the date of maturity till the date of effective payment.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 10th October, 2018, of the Rent Regulation Board, in the records of the Application in the names Antoine Farrugia noe vs Louis Pace, the following publication was ordered for the purpose of effecting service on the respondent Louis Pace in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

By means of an application in the names Antoine Farrugia (ID 45772M) as procurator and special mandatory of Joseph Farrugia (ID 617734M), of Charles Farrugia (Maltese passport number 1052888), of Maria Farrugia (ID 47941M) and Rita Formosa (ID 0660232M) filed before the Rent Regulation Board on the 2nd August, 2018, the applicant Antoine Farrugia (ID 45772M) in his capacity requested with respect:

That the applicants are the owners of the premises 80, Triq Bart, Ħamrun;

That the respondent used to occupy these premises under the title of lease;

That by means of a judgment given by this Honourable Board on the 26th February, 2018, in the said names Sworn Application number 82/16 this lease was declared terminated and the Board authorised the applicants to resume possession of the premises;

The respondent has filed an appeal from this judgement which procedures are still pending;

The applicants are being contacted by several neighbours that damage is being cuased and the source is the premises 80, Triq Bart, Ħamrun and the same premises are being kept in a bad state of maintenance;

Thus, they wish that this Honourable Board authorises them to enter the premises together with an Architect of their trust so that they can inspect their property;

In view of the character of the respondent, the applicants wish that on the date of the inspection they are assisted by the police for their own protection and for good order;

Thus, the applicants humbly resquest this Honourable Board to authorise them to enter the premises 80, Triq Bart, Ħamrun together with an Architect of their trust to inspect the premises and orders the police to give them all the assistance needed to ensure that good order is retained and this under any other direction that this Board deems fit and opportune.

Applicant: 10, Mostina, Triq il-Mixtla, Ħ’Attard

Respondent: 80, Triq Bart, Ħamrun

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 22nd October, 2018, of the Rent Regulation Board, in the records of the Application in the names Faustino Pulis et vs Donrof Vella et, Application Number 96/2018FDP, the following publication was ordered for the purpose of effecting service on the respondents Donrof Vella and Margot Vella in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

By means of sworn application number 96/2018FDP, in the names Faustino Pulis (ID 749358M) and his wife Rita Pulis (ID 730561M) vs Donrof Vella (ID 10089M) and his wife Morgot Vella (ID 201690M) filed before the Rent Regulation Board on the 12th July, 2018, the applicants Faustino (ID 749358M) and Rita (ID 730561M) spouses Pulis requested with respect and confirmed on oath:

That the applicants are the owners of the premises with address Flat 2, Number 2, Triq Orland, Xgħajra, Ħaż-Żabbar;

By means of a private writing of lease dated 22nd January, 2017, a copy of which is attached and marked as Doc. 1, the applicant leased the respondent Margot Vella the flat with address Flat 2, Number 2, Triq Orland, Xgħajra, Ħaż-Żabbar, for a year for the rent of €75 a week, in which flat there had to reside Margot Vella, Donrof Vella and their four children;

In breach of the private writing of lease, the respondents or any one of them remained in default of their payment of rent obligations for a number of instalments;

The respondent did not pay the sum of €3,300 representing arrears of rent;

The respondents or any one of them did not pay the amount of €691.68 representing the arrears of bills of water and electricity;

In addition, the respondents or any one of them caused damage to the common door at the costs of the applicants that are estimated to amount to €240 and this as shown in the document here attached and marked as Doc. 3 and also damage to the glass of the washroom door amounting to €40;

Notwithstanding the respondents were solicited to pay the arrears and also to vacate the said premises by means of legal letters and a judicial letter 328/201, they remained in default;

In terms of the private writing, if the rent remains unpaid till the day before the due date or the water and electricity bill is not paid within one week, the owner will terminate the contract;

So, the respondents evidently broke the conditions of the said private writing;

Till today, the respondents or any one of them are still in default of the arrears due by them and also they did not vacate the premises in question;

Besides, the respondents are causing loss to the applicants by their illegal and abusive occupation consisting of loss of rent, for which the respondents or any one of them have to make good in terms of law;

As far as the applicants know, the respondents have no defence to bring to the claim and accordingly this is a case where this Board can proceed to give judgment summarily and without proceeding to trial;

Accordingly, the applicants respectfully request this Board to: 

1. Decide this application in terms of Article 16A of Cap. 69 of the Laws of Malta summarily without proceeding to trial;

2. Order the respondents or any one of them that within a short and peremptory period that is fixed by this Board to vacate the Flat 2, Number 2, Triq Orland, Ħaż-Żabbar, and return it to the applicants in good condition;

3. Order and condemn the respondents in solidum or any one of them to pay the total amount of €3,300 that results due in arrears till the date of the filing of these proceedings;

4. Order and condemn the respondents in solidum or any one of them to pay the applicants the damages in line with the illegal occupation in terms of law, at the rate of €75 per week till the date of surrender of the premises;

5. Order and condemn the respondents in solidum or any one of them to pay the amount of €691.68 in water and electricity arrears;

6. Order and condemn the respondents in solidum or any one of them to pay the applicants compensation by way of damages caused by the respondents in the premises in the amount of €280;

With costs, with the costs of the judicial letter and legal interest against the respondents who are from now summoned so that reference to their oath may be made

Reserving the right for any other action according to law including all the costs of the services of the premises till the date of the eviction and any damages suffered by them against the respondents.

Applicant: 

109, Scorpio, Triq La Sengle, Marsaskala

Service:

Donrof Vella, Flat 2, Number 2, Triq Orland, Ħaż-Żabbar

Margot Vella, Flat 2, Number 2, Triq Orland, Ħaż-Żabbar

Orders in terms of Article 16A(1)(b) of Cap. 69 of the Laws of Malta you have to appear before the Rent Regulation Board on the day and time established that will be notified to you.

In terms of Article 16A(1)(c) you are being warned that these are summary procedures in which the judgment will be given on the first day of hearing of the application and if the respondent does not make an appearance at the sitting or if he fails to show, during that sitting, that he has a valid defence.

Thus, it is in the interest of who receives this sworn application that he contacts a lawyer without delay so that this Court hears what he had to say during the procedures.

The application in the names Faustino Pulis et vs Danrof Vella et, Application Number 96/2018FDP, has been postponed for hearing to the 10th December, 2018, at 9.00 a.m. 

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree of the 30th October, 2018, in the records of the judicial letter number 2424/18 in the names Ivan Vassallo vs Eucharist Bajada pro et noe et, the First Hall of the Civil Court ordered the following publication for the purpose of effecting service on the respondents Eucharist Bajada pro et noe, Patience Developments Limited, Kefi Limited, Frankef Limited and Vicarist Limited in terms of Article 187(3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To

1. Eucharist Bajada (ID 375069M) in his own name and for and on behalf of the companies (2) Patience Developments Limited (C 23254) previously known as Kefi Holdings Limited (3) Kefi Limited C 18941) (4) Frankef Limited (C 22466) and (5) Vicarist Limited (C 6406) of Sylville, Triq Valletta, Mosta (6) And for any interest she may have, his wife Dr Diane Bajada

By this present Ivan Vassallo (ID 141067M) of 216, Triq il-Merkanti, Valletta VLT 1170 whilst making reference to the contract dated 10th August, 2016, in the records of Notary Luke Caruana were the respondent Eucharist Bajada constituted himself as true, certain and liquid debtor of the interpellant Ivan Vassallo in the amount of €19,812 besides the legal interest and the penalities as agreed till the end of effective payment, and where the other respondents are the sureties for the same contractual obligations in favour of the debt due to the interpellant.

That in the contract dated 10th August, 2016, in the acts of Notary Luke Caruana there is a reference to the previous contract and to the conditions agreed always in the records of Notary Luke Caruana dated 14th May, 2015;

That the respondents are being solicited to pay the amount due to the interpellant Ivan Vassallo with interest from the 1st May, 2016, till the effective payment within one week from the notification of this judicial letter, and in the event that the respondents remain in default and do not comply with the contract obligations, the interpellant will proceed further according to law.

For all intents and purposes, a true copy of the contract of the 10th August, 2016, is being attached as Doc. A;

In addition, this judicial letter is being notified to the wife of Eucharist Bajada and that is to Doctor Diane Bajada.

With legal interest, with the penalties and with costs including of these procedures and future procedures

This judicial letter is being made inter alia in terms of Article 253(b) and for the purposes of Article 256 Cap. 12.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

It is hereby notified that by an application filed in the Court of Magistrates (Gozo) Voluntary Jurisdiction on the 14th of November, 2018 (Application number 138/2018JVC) Mary sive Miriam Bonnici and others requested the opening of the succession of Spiridione Grech, son of the late Salvatore Grech and Rosaria née Teuma, born in Xewkija, Gozo and used to reside and died in Rabat, Gozo, on the eighteenth (18th) of July of the year two thousand and eighteen (2018) intestate, as his survivors the de cuis left his wife Maria Assunta Grech and his children, and that is, Mary known as Miriam Bonnici, Joseph Grech, Saviour Grech and also the children of his late son Dr Michael Grech who are Deborah Grech and Giovanni Grech. Because in the meantime his widow Maria Assunta Grech also died on the tenth (10th) of August in the year two thousand and eighteen (2018), her share passed to her heirs as provided by a will dated fifteenth (15th) of December of the year two thousand and six (2006). According to her will, her heritage passed in favor of her children Mary known as Miriam Bonnici, Joseph and Saviour siblings Grech as to one fourth (1/4) undivided share between them and in favour of her niece Deborah Grech and her nephew Giovanni Grech, siblings Grech, the children of the late Dr Michael Grech as to one eighth (1/8) undivided share between them, which opening of succession of the late Spiridione Grech is to be made in favour of the mentioned children Mary sive Miriam Bonnici, Joseph and Saviour siblings Grech as to one fourth (1/4) undivided share each and in favour of his niece Deborah Grech and nephew Giovanni Grech, children of the late Dr Michael Grech, as to one eighth (1/8) undivided share each.

Wherefore any person who considers to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns. 

DORIANNE CORDINA

For the Registrar, Gozo Courts and Tribunals

By means of a decree given by the First Hall Civil Court on the 3rd October, 2018, in the records of the Sworn Application in the names Saliba Joseph et vs Xuereb George, Application Number 541/18 RGM, the following publication was ordered for the purpose of service of the respondent George Xuereb, in terms of Article 187(3) et sequitur of Cap. 12.

By means of a Sworn Application, filed in the First Hall C ivil Court, in the names Joseph Saliba (ID 282453M) and Georgina sive Gina Saliba (ID 150257M) vs George Xuereb (ID 142365M) on the 28th May, 2018, the applicant Joseph Saliba (ID 282453M) and Georgina sive Gina Saliba (ID 150257M) asked this Honourable Court:

1. To declare that the act consisting in the official letter number2374/ 07 issued in terms of Article 166A of Cap. 12 of the Laws of Malta is null and without effect;

2. Declare that the act consisting in the official letter number 2375/07 issued in terms of Article 166A of Cap. 12 of the Laws of Malta is null and without effect;

3. Consequently declare that the general hypothec and special hypothec number 17363/2008 is null and without effect;

4. Consequently order the cancellation of the said general hypothec and special hypothec with number H/17363/2008 and uphold the other demands in the application.

With costs against the respondent from now summoned so that a reference to his evidence be made and saving any further action due to the applicant according to law

The Sworn Application in the names Saliba Joseph et vs Xuereb George, Application 541/18 RGM, has been deferred for hearing to the 6th December, 2018, at 9.15 a.m.

Notify: George Xuereb, 30, San George, Pjazza Patri Magri, Marsa

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 26th October, 2018, Application number 1642/2018, by Marco Vella and Helen Vella whereby they prayed that it be declared open in their favour the succession of their mother Maria Cassilda Vella, widow, daughter of the late Spiridione Vella and Vittoria Melita née Attard, born in Żejtun, resided in Paola and died in Ħ’Attard, Malta on the 24th May, 2018, aged 85, holding identity card number 0020533M.

Wherefore any person who considers to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

By means of a decree of the 21st August, 2018, of the Civil Court First Hall in the records of judicial letter number 1364/2018, in the names Director General of Value Added Tax vs Victor Borg, the following publication for the purpose of service on the respondent was ordered in terms of Article 187 (3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To Victor Borg (ID 576459M) of 1, Victoria, limits of Xwieki, Ħal Għargħur NXR 08, Malta

By the present the Director General Value Added Tax, of Centre Point Building, Triq Ta’ Paris, Birkirkara, calls upon you in terms of Article 59 of Act XXIII of 1998, so that within two (2) days from the service of this act, you pay the amount of €46,435.55 due by you as value added tax according to the same Act.

With costs and interest according to law from when the amount de quo was due till the date of effective payment

This calling is being made for all intents and purposes of law and particularly, but not exclusively, in order to render executive title which the same Director General of Value Added Tax has against you by means of the Notice sent to you.

In default, the interpellant warns you that he will proceed in executing the mentioned executive title which he has against you by means of the opportune garnishee orders, without any other and further warning.

So much so that you may know how to proceed and to regularise your position.

With costs

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

By means of a decree given by the Civil Court (Family Section) on the 15th November, 2018, in the records of the Sworn Application in the names Bartolo Maria Luann vs Zbeda Isaam Abdulmawla, Application Number 223/18/2 JPG, the folllowing publication was ordered for the purpose of service of the defendant Issam Abdulmawla Zbeda, in terms of Article 187(3) et sequitur of Cap. 12.

By means of an Application, filed in the Civil Court (Family Section) in the names Maria Luann Bartolo (ID 596491M) vs Issam Abdulmawla Zbeda, on the 29th October, 2018, the applicant Maria Luann Bartolo (ID 596491M) asked this Honourable Court for the reasons premised:

To entrust the care and custody of the minor … omissis … exclusively to the applicant in such a manner that all the decisions regarding the minor be taken by her, fix maintenance for the needs of the minor daughter and uphold the other demands in the application.

And this saving any other provision that this Court deems fit to impose.

With costs against the respondent summoned so that a reference to his evidence be made

Civil Court (Family Section)

Sworn Application Number 223/18 /2 JPG

Maria Luann Bartolo (ID 596491M)

vs Issam Abdulmawla Zbeda

The Court:

Having seen the Sworn Application, appoints it for hearing to the 3rd December, 2018, at 9.15 a.m.

Orders that the parties be notified, in such a manner that the defendant shall have twenty (20) days to file a sworn reply.

The Sworn Application in the names Bartolo Maria Luann vs Zbeda Isaam Abdulmawla, Application number 223/18/2 JPG, has been deferred to Monday 3rd December, 2018, at 9.15 a.m.

Applicant: 102, St Rita House, Triq Sciortino, Ħaż-Żebbuġ

Respondent: 3, Redentur, Triq Correa, Ħal Qormi

ADV. FRANK PORTELLI, LLD

For the Registrar, Civil Courts and Tribunals

By means of an application filed in Civil Court of Voluntary Jurisdiction Section, on the 30th October, 2018, Application number 1666/2018 by Mary Katherine Xuereb whereby she prayed that it be declared open in favour of his heirs the succession of her father John also known as John Alexander Anthony Joseph Xuereb, married, son of the late Carmelo Xuereb and Maria Xuereb née Mallia, born in St Julians and resided in London, United Kingdom, and died in Hackney, United Kingdom, on the 5th September, 1995, aged 68 and holding Birth Certificate number 4390/27M. 

Wherefore any person who considers to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

By means of a decree of the 11th September, 2018, of the Civil Court First Hall in the records of judicial letter number 1036/2017, in the names Commissioner for Revenue et vs Lalo Ivanov pro et noe, the following publication for the purpose of service on the respondent pro et noe was ordered in terms of Article 187 (3) et sequitur of Cap. 12.

In the First Hall of the Civil Court

To Lalo Ivanov in his personal name and as Director of Chai TTL (C 46281) 

Chai TTT Ltd (C 46281)

By the present the Commisioner for Revenue and Director General Value Added Tax, of Centre Point Building, Triq Ta’ Paris, Birkirkara, calls upon you in terms of Article 59 of Act XXIII of 1998, so that within two (2) days from the service of this act, you pay the amount of €65,317.52 due by you as value added tax according to the same Act.

With costs and interest according to law from when the amount de quo was due till the date of effective payment.

This calling is being made for all intents and purposes of law and particularly, but not exclusively, in order to render executive title which the same Commissioner of Revenue and Director General (VAT) has against you by means of the Notice sent to you and hereby attached.

In default, the interpellant warns you that he will proceed in executing the mentioned executive title which he has against you by means of the opportune garnishee orders, without any other and further warning.

So much so that you may know how to proceed and to regularise your position.

With costs

Notification: 

Lalo Ivanov, 45, Grand Baie, Flat 2, Triq Efesu, St Paul’s Bay

Chai TTT Ltd, No 5, Triq l-Imraden, Naxxar

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals